Adviser's Manual 360

On March 31, 2026 USCIS announced that it had "selected enough beneficiaries with properly submitted registrations to reach the H-1B cap and notified all prospective petitioners with selected beneficiaries that they are eligible to file an H-1B cap-subject petition for those beneficiaries. Registrants’ online accounts will display their registration status," and that "H-1B cap-subject petitions for FY 2027, including those petitions eligible for the advanced degree exemption, may be filed with USCIS beginning April 1, 2026, if filed for a selected beneficiary and based on a valid registration." This is the first H-1B cap registration in which USCIS has used its new "weighted selection process" that favors higher-paid beneficiaries (i.e., beneficiaries assigned wage level IV were entered into the selection pool four times, level III three times, level II two times, and level I only one time).

Effective March 27, 2026 USCIS has approved The Evaluation Company to issue healthcare worker certificates for "registered nurses, licensed practical nurses, and licensed vocational nurses."

The Department of Labor (DOL) published a proposal that would change the methodology it uses to calculate Wage Level 1 through 4 prevailing wage determinations used in the H-1 B, H-1B1, E-3 and PERM (EB-2 and EB-3) programs, to address what the administration asserts to be the current system's undercutting of the wages of U.S. workers. If finalized as proposed, the rule would raise wage determinations across all four wage levels. Public comments are due on or before May 26, 2026.

The Department of State continues expanding its online presence vetting policy, which now covers F, M, J, H-1B and H-4 dependents of H-1B, A-3, C-3, G-5, H-3, H-4 dependents of H-3, K-1, K-2, K-3, Q, R-1, R-2, S, T, and U nonimmigrant visa applicants.

On March 23, 2026 the Student and Exchange Visitor Program (SEVP) sent a Broadcast Message to remind designated school officials (DSOs) "to be vigilant in detecting and preventing fraud associated with [STEM OPT] employers, especially IT recruitment, consulting firms, and staffing agencies."

On May 22, 2026 the Student and Exchange Visitor Program (SEVP) will decommission the [email protected] and [email protected] (including alias [email protected]) group email inboxes. SEVP instructs users to instead "direct all those inquiries to [email protected]."

On March 19, 2026 Representatives Sam Liccardo (D-CA-16), Jay Obernolte (R-CA-23), and Raja Krishnamoorthi (D-IL-8) introduced the bipartisan Keep Innovators in America Act (H.R. 8013). The bill would allow international students to maintain F-1 student status while engaging in optional practical training (OPT) and permit international students with pending or approved green card applications to maintain student status. You can Take Action through NAFSA's easy-to-use system to urge your representative to cosponsor the Act.

On March 18, 2026 the Department of State (DOS) added 12 more countries to the B-1/B-2 Visa Bond Pilot Program, bringing the total of countries covered to 50. The latest 12 become subject on April 2, 2026 and include: Cambodia, Ethiopia, Georgia, Grenada, Lesotho, Mauritius, Mongolia, Mozambique, Nicaragua, ​Papua New Guinea, Seychelles, and Tunisia.

On March 10, 2026, the U.S. Department of State submitted a proposed rule titled Exchange Visitor Rules: Records to the Office of Management and Budget (OMB) for regulatory review. The proposal, which has appeared on the Department’s regulatory agenda since Spring 2021, would replace the current provisions at 22 CFR 62.43 (Extension of program) and 22 CFR 62.45 (Reinstatement to valid program status) to align the regulations with the current functionality of the Student and Exchange Visitor Information System (SEVIS). According to the Spring 2025 regulatory agenda description, the rule would clarify when exchange visitor program sponsors may update SEVIS records to grant program extensions within category limits, correct minor or technical status violations, or request that the Department extend or reinstate a participant’s SEVIS record to valid status, as well as when such extensions or reinstatements are not available. These provisions are part of Subpart C of the Exchange Visitor Program regulations.

On March 5, 2026 Politico and other news outlets reported that President Trump said on "X" that he would move current DHS Secretary Kristi Noem to a special envoy role relating to Western Hemisphere cooperation, and that he would name Sen. Markwayne Mullin (R-Okla.) to be the next Homeland Security secretary effective March 31, 2026. Mullin would, though, have to accept the nomination and be confirmed by the Senate before assuming the new role.